The person knows he or she did wrong and is relieved not to be going to jail. Years go by and the person has forgotten about his or her youthful indiscretion.

Until he or she gets turned down for a job, a mortgage, or a professional license because an old criminal conviction that resurfaced following a criminal background check. For example, forty-six states plus the District of Columbia require criminal background checks for health workers.

The fact of the matter is that although many people who find themselves hauled up on charges repeatedly and never seem to learn their lesson, many times more are people who make one mistake and learn from it. These are the people for whom pre-trial diversion is appropriate.

A pre-trial diversion is a program that moves the case off the court calendar for a period of time, usually a year. During that time the defendant may be on probation or doing community service. If they complete the program successfully, the charges are dismissed.

Dismissal means no conviction and a clean record. Usually, any trace of the offense can be wiped off the record and nothing will show in a criminal background check.

In Pennsylvania, pre-trial diversion is known as Accelerated Rehabilitative Disposition — ARD. Each county District Attorney sets the rules for the county, and each county is different. Neighboring counties, therefore, can have vastly different rules for the program. For example, in Montgomery County, PA, no drug offense is eligible for ARD, but next door in both Bucks County and Philadelphia, drug possession charges can be admitted to ARD (not drug dealing, however). Furthermore, each county has its own application procedures — Montgomery and Bucks use ARD application forms, while Philadelphia makes the admission decision during plea negotiations in most case, no form necessary.

While you don’t necessarily need an attorney to get into ARD, having a lawyer who knows the ins and outs of the system makes it a lot easier. After all, with each D.A. deciding the rules for each county, that means there are 67 different sets of rules out there. While the urge to admit your mistake and move on is strong (and admirable, I might add), doing so can have devastating consequences for years to come.

If you have been charged with an offense and would like to discuss your options, including ARD, call me, attorney Charles Thomas at 877-397-3003.